DISCLAIMER ?This information is mostly sourced from the
City Clerk’s office.This is not intended
to be legal representation and is not guaranteed to be accurate or current.For actual representation, consult an attorney.To research the actual ordinance, consult the City Clerk whose office
at the time of this disclaimer is located in the Lincoln County Courthouse.Produced June 2000.

It shall be unlawful for any person to sell,
receive, store or transport for the purpose of selling beer of any alcoholic
content within the following described areas within the city:

The territory bounded on the north by the
centerline of East Congress Street and a

projection thereof westerly to the main
line of the Illinois Central Railroad Company,

on the East by Penn Street, on the South
by East Monticello Street and on the West by

the I.C. Railroad Co. Main Line;

The territory bounded on the south by Mississippi
State Highway 550 (Congress

Street), on the east by Curran Avenue and
an extension thereof northerly to Lipsey

Street, on the north by Lipsey Street, and
on the west by Drury Lane.(Ord. Of
9-2-69,

1,M.B.
26, P. 203.)

Section
3-4:How do I apply for a beer license?

Any person desiring a license to sell beer
at retail or desiring to renew such a license shall file an application with
the mayor and board of aldermen in the form of a sworn statement giving his
address, the name of his business, its location, and, if a partnership, firm
or association, the name and address of each partner or member and, if a corporation,
the names of two principal officers, and post office address and the nature
of business in with engaged.In case
any business is conducted by the same person, firm or corporation at two or
more separate places, a separate license for each place of business shall
be required.(Ord. Of 12-27-66,4)

Section
3-5: What are the requirements of the applicant?

The applicant shall show in his sworn application
for a license that he possesses the following qualifications:

1.Applicant
must be over twenty-one (21) years of age and a person of good moral character,
a citizen of the United States and the State of Mississippi.

2.Applicant
shall not have been convicted in this or any other state of a felony, or of
pandering or of keeping a house of prostitution.

3.Applicant
shall not have been convicted in this or any other state within five (5) years
preceding the date of his application of any laws of this or other states,
or of the United States relating to alcoholic liquors, or gambling, or have
had revoked any license or permit to sell alcoholic liquor of any kind.

4.Applicant
shall be the owner of the premises for which the permit is sought or the holder
of a bona fide written lease thereon.

5.If
applicant is a co-partnership, all members of the co-partnership must be named
and shall be qualified to obtain a license.

6.If
applicant is a corporation, all officers and directors thereof, and any stockholder
owing more than five percent of the stock of such corporation, and the person
or persons who shall conduct and manage the licensed premises for the corporation
shall possess all the qualifications required herein for an individual permittee;
provided, however, that the requirements as to residence shall no apply to
officers, directors, and stockholders of such corporation, but such requirements
shall apply to any officer, director or stockholder who is also the manager
of the licensed premises or who is engaged or employed at the licensed premises
in any capacity, in the conduct or operation of the licensed premises.

Any mis-statement or concealment of fact
in an application shall be grounds for revocation of the license issued thereon.(Ord. Of 12-27-66,4)

Section
3-6: How often must I renew and can I transfer my license?

All city privilege licenses under this chapter
shall be applied for and renewed annually.They shall be displayed conspicuously in licensee’s place of business,
and they shall not be transferable.(Ord.Of 12-27-66,2)

Section
3-7: What are the restrictions on my premise?

(a)There
shall not be issued or granted by the City any privilege license or permit
of the sale of beer at or on premises which are:

(1)Part
of a homestead, dwelling, boarding or rooming house or used wholly or in part
as sleeping quarters, unless a properly licensed restaurant operated as a
part of a hotel or motel; or

(2)Within
four hundred (400) feet of any church, school, kindergarten or funeral home.However, within such area zoned commercial or business, such minimum
distance shall not be less than one hundred (100) feet.

(3)Located
within three hundred (300) feet of any building or of any property used as
a parking area/ or vehicle except with the written consent of at least eighty
percent of the adult parties, other than those already duly licensed to engage
in the sale of beer, who reside in and/or have charge of the use of such buildings
and property;provided that subjects
shall not be construed so as to affect license and-or permits legally issued
prior to December 9, 19765 or renewals of such license and/or permits; or

(4)Located
within three hundred (300) feet of Whitworth College Campus.

(b)The minimum
distance set forth in this section shall be measured from the

nearest
property line of the building housing the church, school, kindergarten,

funeral
home, campus or parking area to the nearest property line of the building

wherein
alcoholic beverages are to be sold.(Ord.No.118-1992, 6-16-92)

Section 3-8: What exceptions are there to the location
rule?

If the
mayor and board of aldermen find and determine upon application of any party
interested that the issuance of a privilege license for the sale of beer under
the conditions of section 3-7 would not be detrimental to the public health,
morals and safety of the citizens of the city, and, in cases where the distance
between the main public entrance of the premises at which beer would be sold
and the entrance of a church or school building is pertinent, upon written
request from the owner or party in charge of the institution occupying such
building, the mayor and board may issue a special permit allowing the sale
of beer despite the existence of conditions set forth in section 3-7.Provided, that such special permit may be revoked
should the mayor and board subsequently find that the sale of beer on such
premises is detrimental to the public health, morals, and safety of the citizens
or the city.

Section 3-9:What
must I restrict and reframe from doing?

1.To
sell, give or dispense, or permit to be consumed on the premises, any beer
betweenthe hours of midnight and
7:00 a.m. the following morning on week days, and between midnight on Saturday
to 7:00 a.m. Monday morning on weekends;

2.To
sell or furnish any beer to any visibly intoxicated person, or to any insane
person, or to any habitual drunkard, or to any person under the age of twenty-one
(21) years, or to allow any of such persons to consume beer on the licensed
premises;

3.To
permit any lewd, immoral or improper entertainment, conduct or practices on
the licensed premises;

4.To
permit any breaches of the peace, or boisterous and disorderly conduct or
practices on the licensed premises;

5.To
permit the use of loud musical instruments if same may disturb the peace and
quiet of the neighborhood where such business is located;

6.To
permit known criminals and prostitutes to frequent the licensed premises;

7.To
permit or suffer gambling and operations of games of chance upon the licensed
premises;

8.To
receive, possess or sell, or permit any person to consume on the premises
any beverage of any kind or character containing more than four percentum
(4%) alcohol by weight;

9.To
fail to maintain sanitary and satisfactory restrooms for men and women patrons.Restrooms must be properly lighted, equipped with both lavatories and
water closets, kept in satisfactory sanitary condition, plainly marked on
the entrance to same, and must allow entry from the main serving area of the
eatingplace of which they are a part;

10.To
keep the licensed premises poorly lighted, dirty, unsanitary or covers on
windows and doors to shut out view from the outside;

11.To
work or employ any person under eighteen (18) years of age when the consumption
of beer on the premises is permitted;

12.To
sell, give or dispense, or permit the sale, gift or dispensation of beer through
doors, windows or any other aperture in the outside walls of a building on
a drive-in basis or otherwise.(Ord.Of 12-2-66,5:Ord.
No.11-1977, 11-29-77, M.B. 28, P.
353; Ord. No. 13-1978, 3-21-78, M.B. 28, P.445)

Section 3-10: What are the restrictions for
public carriers and service stations?

It shall be unlawful to sell, give or dispense
or permit to be sold, given or dispensed or to consume or to permit to be
consumed any beer in any eating places, waiting room or other premises which
are a part of facilities serving passengers arriving or departing on busses,
trains, planes or any public carrier, or in any motor vehicle or in or at
any service station, unless a special permit so to do is granted by the governing
authorities of the municipality; provided, however, that no special permit
shall be issued for any service station unless the service station devotes
an enclosed, heated area containing not less than 800 square feet exclusively
to the regular retail sale of merchandise ordinarily available at grocery
stores.(Ord. Of 12-27-66,6;Ord.
No. 66-1983, M. B. 32, P. 85)

Section
3-11:What are the restrictions for
bars and restaurants?

It shall be unlawful for any person operating
or working in any public place, business or establishment to serve beer for
consumption on the premises unless:

a)its
gross receipts from all sales are derived from the sale of food to the extent
of at least fifty percent (50%); and

b)it
maintains continuously adequate seating facilities; and

c)its
principal business is the sale of food for consumption on the premises; and

d)such
place, business or establishment (1) is, and has been continuously for not
less than one year immediately preceding the commencement of the serving of
beer, on the premises, a properly licensed and operated eating place, OR (2)
is properly licensed and is operated by the holder of a nationally recognized
franchise according to standard required of all parties holding a similar
franchise;

Or
unless a special permit so to do is granted by the governing authorities of
the municipality.(Ord. Of 12-27-66,7)

Section
3-12: What times are unlawful for sell?

It shall be unlawful for any person within
the city and on the premises of a public business, place or establishment
to buy, receive, or consume beer except during the hours specified for the
sale of beer in section 3-9 of this chapter.(Ord. Of 12-27-66,9)

Section
3-13:Is there a special requirement
on licensees?

It shall be unlawful for any public business,
place or establishment to sell, give, dispense beer or allow beer to be consumed
on the premises unless such business, place of establishment displays in a
prominent place and sufficiently large to be plainly seen and read, the following
public notice:

“This business is licensed for the sale
of beer by the City of Brookhaven, Mississippi.?o:p>

Ordinance of the City of Brookhaven adopted
on the 27th day of December 1966, makes it unlawful for any person
with the City of Brookhaven and on the premises of a public business, place
or establishment:

(1)To
buy, receive or consume beer during the hours of 12:00 midnight and 7:00 a.m.
daily or any time on Sunday is unlawful.(Ord. Of 12-27-66,10)

Section
3-14:Who inspects the premises?

The chief of police and his assistants shall
regularly inspect all places at which beer is sold at retail to determine
whether the license holders hereunder are complying with this chapter.Appropriate charges shall be forthwith filed
against any party found violating any provision of this chapter.(Ord. Of 12-27-66,11(a) )

Section
3-15:What are the penalties?

(a)The
governing authorities of the city may suspend for a specified period of time
or revoke any license issued hereunder to any party (1) upon or after the
first conviction of such party for a violation of this chapter, or (2) upon
finding that the privilege to sell beer at retail pursuant to a license issued
hereunder is being exercised by the party holding such license in a manner
detrimental to the public welfare, health, safety and morals.

(b)Upon
the second conviction of a violation of this chapter by any party, the governing
authorities of the city shall revoke the license hereunder to such party.

(c)The
suspension or revocation of a license as herein provided shall be in addition
to and not in lieu or in limitation of the penalties authorized by section
1-9 of this Code of Ordinances.(Ord.
Of 12-27-66,1 (b,c,d)

Section
3-16: What are the restrictions on advertisements?

That it shall be unlawful to advertise or
permit to be advertised the sale or availability of beer by sign, symbol,
placard or printed matter of any kind except: (1) on the interior of the building
where beer is sold, (2) or in a publication distributed by hand or by mail
the primary purpose of which is not the advertisement of the sale or availability
of beer, (3) or in a regularly published newspaper or magazine.

DISCLAIMER ?This information is mostly sourced from the
City Clerk’s office.This is not intended
to be legal representation and is not guaranteed to be accurate or current.For actual representation, consult an attorney.To research the actual ordinance, consult the City Clerk whose office
at the time of this disclaimer is located in the Lincoln County Courthouse.Produced June 2000.

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